Builders Supply Co. v. Thomas

Felton, Chief Judge.

Regardless of the effect of the joint affidavit of Pilgrim and the Thomases on the issue of the priority of the claimed liens of the materialman and the lending institution, which was considered in the former appeal, the affidavit of Pilgrim, who occupied the dual status of owner and quasi contractor at the time of the improvement of the realty, is no defense to the materialman’s action. Reynolds v. Magbee Bros. Lumber &c. Co., 117 Ga. App. 252, 253 (2) (160 SE2d 531), reversed on another ground, Reynolds v. Magbee Bros. Lumber &c. Co., 224 Ga. 379 (162 SE2d 327). There is…